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Dale Jones: Corps must consider all permit applications

July 23, 2008 @ 12:00 AM

I recently read a letter to the editor that stated it is ironic that the U.S. Army Corps of Engineers would even consider allowing a company to park 200 barges in a populated area of the Ohio River. The letter writer asked the question, is this another case where the government is putting special interests above the health and safety of the American people?

Having retired from the corps after 32 years of service, 22 in the Regulatory Branch, I feel I must present some facts concerning the corps and people wanting to build something on a river. The Corps of Engineers is not a zoning body.It cannot and does not zone certain portions of streams for certain uses. That is the responsibility of the city, county or state.

The Corps of Engineers is required to consider all applications for work in a river or wetland, no matter how controversial or ill-conceived. In considering such requests, the corps must maintain a neutral attitude and consider all sides of the issue before making a decision to issue or deny a permit.

The unique position of the corps to remain neutral throughout the process is necessary because there are many issue-oriented entities that have input during the process.The corps solicits that input by way of the public notice that is issued for a proposed project.All input is considered in the final permit decision.

In many cases, the corps does not receive any negative comments during the public notice period, and a permit is issued. During the public notice comment period for a controversial project, positive as well as negative comments may be received.

Entities that get involved in a controversial permit matter include the applicant, who certainly wants a permit issued. Then there are members of the public who are concerned that a project may impact their lives in many ways. There are environmental and other federal, state, county and city agencies that are responsible for certain aspects of the environment or historic importance of the site in question. And there are many local groups that have input.

On Page 3 of the public notice, the corps lists 21 factors to be considered before a permit is issued. It is up to those people or agencies concerned with the project, positive or negative, to address those concerns. In other words, just because some people don't want a proposed project built near them, that is not a reason the corps can use to deny a permit. The corps must and will consider comments addressing any or all of the 21 factors before making a final permit decision.

So, it is not ironic that the Corps of Engineers would consider allowing a company to park 200 barges in a populated area of the Ohio River. It must consider the application. And it is not a case where the government is putting special interests above the health and safety of the American people. The corps will consider all comments received before making the final permit decision. And throughout the process, it will remain neutral, as it must.

Dale Jones is a Huntington resident. He retired from the Huntington District of the U.S. Army Corps of Engineers in 1998.